Court : Guwahati
..... such a right ceased to exist on introduction of indian forest act to manipur under section 3 of the merged states (laws) act, 1950, and the plaintiffs have no right to evict ..... whether the manipur land revenue and land reforms act and the indian forest act as extended to manipur have put an ..... even outside the manipur land revenue and land reforms act and also the indian forest act, as is indicated by the tauzi entry of the forest department. 10. ..... introduction of the indian forest act or the manipur land revenue and land reforms act ipso facto will ..... , as defined in this regulation, and other rights acquired in manner provided by this regulation; (b) rights legally derived from any right mentioned in clause (a); (c) rights acquired under sections 26 and 27 of the indian limitation act, 1877; (d) rights acquired by any person as tenant under the rent law for the time being in force; provided that nothing in this section shall be held to derogate from terms of any lease granted ..... a/2 was wrongly interpreted as an evidence of a right as it did not amount to any evidence under the manipur land revenue and land reforms act, under which no such right can be granted, it may be observed that both the courts below have found that the villagers have been enjoying the rights as ..... to have been, or shall be, acquired by any person over any land to which this chapter applies, except the following. ..... fuel and wood in any open reserve provided he first obtains a permit to do bo from the state forest office. .....
Tag this Judgment!Court : Guwahati
..... with which the state is concerned' therefore the documents called for were exempted under section 94(3) of the code of criminal procedure being protected under section 123 of the indian evidence act, the order of the learned magistrate therefore on this point is correct and the reference made by the learned sessions judge should be rejected.7. the learned counsel for the petitioner, shri s. r ..... 10-1-63 against 4 accused persons including the petitioner pulin behari biswas who was the head clerk, sub-registrar's office, sadar and 3 other employees attached to the sub-registrar's office, sadar namely (1) khagendra chandra chakraborty thakur, accountant, (2) manindra kumar acherjee, peon and (3) angshu priya ..... dated 31-7-61 signing his name for the district registrar, tripura to the superintendent of police intimating that the special audit in respect of sadar sub-registrar's office for the period from 1-4-57 to 31-3-61 had been completed and that the audit party had pointed out that the amount of rs. ..... this case it has been laid down that where according to official practice a book is maintained in the collector's office containing the copies of the communications sent by the collector to various subordinate officers, the book of copies thus maintained is itself an official register within the meaning of section 35 and a ..... class, sadar, to whose file the case was transferred started enquiry under chapter xviii of the code of the criminal procedure.in course of enquiry, examination .....
Tag this Judgment!Court : Guwahati
..... in view of the specific provision under the wild life act, apart from any police officer not below the rank of sub-inspector, the director or any other officer authorized by him in this behalf or the chief wild life warden or authorized officer or any forest officer can inspect, conduct search or inquire, seize article mentioned in clauses (a), (b) and (c) of ..... of foregoing discussions made herein above, i am of the view that the prosecution of road traffic offenders under various penal provisions of motor vehicles act is the rule and the prosecution of such guilty persons under various provisions of indian penal code is violative of the settled principles of law as well as contrary to the legislative intent. ..... hence, it can be safely inferred that the legislatures were well posted and cognizant about various provisions of the indian penal code and having realized the ipc provisions did not adequately take care of the road traffic offences, the special ..... deb, also pointed out that apart from statutory punishments for the aforesaid offences, precisely under chapter xiii, the legislature has also empowered the courts and investigating agency to disqualify the guilty drivers or suspend and cancel their driving licence in addition to ..... sri deb, learned counsel for the petitioner emphatically submitted that section 5 of the indian penal code statutorily debars trial and conviction of any person under ipc in the event of existence of special or local law on the specific subject, .....
Tag this Judgment!Court : Guwahati
..... this would mean that while ordinarily power to order remand in the first instance is vested in the magistrate concerned even in regard to a person arrested in connection with an offence under the act, where the magistrate considers detention unnecessary, he has no power to release him but is bound to forward him to the special court for appropriate action and it is j the special court which has to consider the ..... and the duty of the magistrate to release on bail under proviso (a) to section 167(2) arises in the event of non-completion of investigation, but arrest can be made and prosecution can be launched under the act not only by an officer-in-charge of a police station but also by an officer empowered by the central govt. ..... establishment of special courts are avoided by the transitional provisions in section 36d, according to which, until a special court is established any offence committed under the act on or after the commencement of the amending act 2 of 1989 shall be tried by a court of session and offences punishable under sections 26,27 and 32 may be tried summarily. ..... magistrate under proviso (a) to section 167(2) of the code is deemed to be release under chapter xxxiii of the code, that is, section 437 of the code. ..... the later case are those punishable under the indian penal code and not offences punishable under the act and therefore the supreme court did not take into consideration the impact of the provisions of the amended act and, in particular, section 37 of the act. .....
Tag this Judgment!Court : Guwahati
..... or excepting certain provisions from the main enactment; (2) it may entirely change the very concept of the intendment of the enactment by insisting on certain mandatory conditions to be fulfilled in order to make the enactment workable; (3) it may be so embedded in the act itself as to become an integral part of the enactment and thus acquire the tenor and colour of the substantive enactment itself; and (4) it may be used merely ..... the object for enactment of the act 47 of 1968 was to avert smuggling and unauthorised entry into the indian territory and to instil security among the people residing in the border areas of the country. ..... in the counter the union of india averred the bsf officers were invested with powers under sections 47, 48, 49, 51, 53, 149, 150, 151 and 152 of the criminal procedure code, 1898. ..... this act in ten chapters covers 142 sections. ..... sections 64 to 81 of chapter vi relate to formation of courts. ..... in sections 48 to 56 of chapter iv punishments are prescribed. ..... in chapter x miscellaneous matters are dealt in sections 139 to 142. 17. ..... in chapter ix sections 119 to 138 deal with revision applications. ..... in chapter viii sections 107 to 118 what sentences can be imposed is set out. ..... in chapter v sections 57 to 63 deal with the trial of offences. ..... chapter iii in sections 14 to 47 defines offences and penalties. ..... chapter ii in sections 4, 13 enabled constitution of border security force. ..... chapter i sections i to 3 defines certain words. .....
Tag this Judgment!Court : Guwahati
..... section 251-a, as the same has not been submitted under section 173 of the code of criminal procedure at the conclusion of an investigation under chapter xiv of the code but under section 20-g of the opium act the said reasoning per se would not convert an excise officer's report of an offence under the assam act into a police report to attract the provisions of section 251-a of the criminal procedure code.with respect, the decisions of the calcutta ..... the statements recorded under section 162, can be used only for the purposes mentioned and in conformity with the procedure laid down under this section.under section 172, every police officer making an investigation under this chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place ..... that since under section 26 of the assam act the excise officers are invested with the powers of an officer-in-charge of a police station for the investigation of offences under the assam act, they are police officers for all purposes and are, therefore, required under the law to carry out investigation in accordance with the provisions laid down under chapter xiv of the code of criminal procedure.chapter xiv opens with section 154 regarding information in ..... (1) all offences under the indian penal code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions .....
Tag this Judgment!Court : Guwahati
..... firstly he has urged that the complaint having been filed by the opposite party in the court of the additional district magistrate when he transferred the case to sri thomas, he acted under section 192 of the criminal procedure code, and as such, he had taken cognizance of the case and thereafter the transferee magistrate had no jurisdiction to refer the matter under section 356(3), cr. p. c. ..... section 156 which falls under chapter xiv provides as follows: '156(1) any officer in charge of a police-station may, without the order of a magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of chapter xv relating to the place of inquiry or trial. ..... 1403 of 1957 started on the 3rd of august, 1957 under sections 147/323/342/448, indian penal code on the allegation that the petitioners had forcibly trespassed into the first floor premises. ..... the accused persons were then arrested and put up on trial under sections 352, 426 and 379, indian penal code and they were found guilty and sentenced. ..... 2 under sections 147, 323, 342 and 448, indian penal code before the additional district magistrate, kamrup, who on the same date transferred the case to sri charles thomas, magistrate, first class, gauhati for disposal. ..... on the 25th november, 1957 the magistrate framed charge against the petitioner under section 448, indian penal code on perusal of police papers. .....
Tag this Judgment!Court : Guwahati
..... for attending meeting of the central committee and the council, prohibition of transfer of union officials in certain circumstances, authority to union officials to leave office during office hours for union activities, negotiation with and attending departmental enquiries on behalf and to represent employees held by officers at all levels, holding of meeting in railway land, use of railway notice board for notices of the union and free passes to certain union officials ..... accept the contention of the learned advocate general that rule 1 of appendix xiii, and what is reproduced as rule 3601 of part b of chapter xxxvi of the indian railway establishment manual, 1959, cannot legitimately be made in exercise of the powers under section 241 of the government of india act, 1935 and under article 309 of the constitution of india, respectively. ..... note 2 of this rule may be read: note (2)no railway servant, other than a member of a railway service, class i or class ii, shall be a member, representative or officer of any association representing or purporting to represent servants of the government, unless the rules of such association conform strictly to the rules for the recognition of associations contained in part b of appendix ..... conciliation officer under section 22 of the industrial disputes act, ..... was not asked to show cause why the recognition should not be withdrawn and no reason for the withdrawal of the recognition was communicated to the petitioner or to any of its office bearers. .....
Tag this Judgment!Court : Guwahati
..... fide against the accused-petitioner and others by levelling against them false accusations, and (ii) that the learned trial court had no jurisdiction to take cognizance of the offences against the accused-petitioner inasmuch as the act allegedly done by the accused petitioner was, in fact, done in the discharge of his official duties and it was not permissible to proceed against him without requisite sanction having been granted by the government in terms of section ..... which reads as follows:163(1): no police officer or other person in authority shall offer or make or cause to the offered or made, any such inducement, threat or promise as is mentioned in the indian evidence act, 1872, section 24. ..... (2) but no police officer or other person shall prevent by any caution or otherwise, any person from making in the course of any investigation under this chapter any statement which he may be disposed to make to of his own free willit was pointed out that not only section 163, quoted above, but also section 161 of the cr.p.c. ..... (2) but no police officer or other person shall prevent, by any caution or otherwise any person from making in the course of any investigation under this chapter any statement which he may be disposed to make statement of his own free will.the provisions of sections 161 and 163 of the criminal procedure code emphasize the fact that police officer is prohibited from beating or confining persons with a view to induce them to make statements. .....
Tag this Judgment!Court : Guwahati
..... detenue that he could make a representation to the detaining authority so long as the order of detention has not been approved by the state government in a case where an order of detention is issued by an officer other than the state government under sub-section (2) of section 3 of the maharashtra act would constitute an infraction of a valuable right of the detenue under article 22(5) of the constitution and the ratio of the constitution bench decision of this court in kamaleshkumar case (supra) would apply ..... relying upon the decision of the supreme court in kamleshkumnr (supra) held that the right of making representation to the detaining authority is traceable to article 22(5) of the constitution and 'even if the provisions of the national security act do not confer any right on the detenue to make representation to the detaining authority and has given a right to make representation, under section 8(1), to, the appropriate government, the constitutional right of the detenue guaranteed under article ..... one of the most treasured liberties provided in the constitution and perhaps the liberty that sets the indian apart from many third world countries, is equality before law and equal protection of laws ; protection of life and personal liberty and protection against arrest and ..... is no doubt true that article 22(5) of the constitution is not the source of legislative power but the subject of preventive detention undoubtedly has been brought into the chapter in fundamental rights.30. .....
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